Presidential Signature Authority

Type of Policy: 
Administrative
Effective Date: 
July 2011
Last Revised: 
November 2015
Review Date: 
November 2016
Policy Owner: 
Legal Affairs and Risk Management
Contact Name: 
Patrick McKenna
Contact Title: 
Vice President, Legal Affairs and Risk Management
Contact Email: 
pat.mckenna@carnegie.gatech.edu
Reason for Policy: 

The Board of Regents of the University System of Georgia (BOR) has delegated authority to the president of each system institution or their designee to execute certain types of agreements. This policy is intended to describe the process by which the President of the Institute may designate other Institute officials to execute, accept or deliver those agreements and the conditions under which the officials so designated are expected to act.

Policy Statement: 

The President of the Institute may, by written delegation, designate additional officials of the Institute to assist in executing Agreements in the name of the Georgia Institute of Technology on behalf of the Board of Regents.  A delegation of signature authority by the President shall apply to the incumbent in the position named in the delegation or in any position which replaces the named position. 

The individual exercising the delegated signature authority is expected to execute, accept or deliver only those Agreements that are specified in the delegation and are within the purview of the individual’s position.   Each such individual should act with the concurrence and approval of the senior leadership of their respective unit.

Only those individuals designated by the President may execute, accept or deliver Agreements in the name of the Institute.  A delegation of signature authority may not be further delegated.

Scope: 

This policy applies to the execution, acceptance and delivery of Agreements, including those agreements necessary for the day-to-day operation of the Institute.

This policy does not apply to Purchasing Agreements which should be reviewed, approved and executed by Georgia Tech Purchasing.

Definitions:
Agreements Those agreements described in the BOR policies (see Related Information below). The term includes any document entered into on behalf of the Institute in which the parties make legally enforceable commitments, whether or not titled a contract or agreement. Terms used to describe an Agreement may include letter of agreement, letter of intent, memorandum of understanding, consortium agreement, operating agreement, or equipment loan.
Purchasing Agreements Agreements for the purchase of supplies, materials equipment and certain contractual services of $10,000 or more. Authority to commit Institute funds for these purposes has been delegated to Georgia Tech Purchasing within the limits established by the State Department of Administrative Services.
Procedures:
Delegation of Authority Memorandum The President of the Institute may periodically issue a memorandum to confirm the conditions under which other officials of the Institute have been authorized to act in the place of the President. A Delegation of Authority Memorandum will supersede and replace all prior delegations.
Legal Affairs Review A delegation of signature authority shall, unless otherwise specified, extend only to standard form agreements that have been developed by the Office of Legal Affairs or to specific agreements that have been reviewed by the Office of Legal Affairs.
Responsibilities: 

Office of Legal Affairs. The Office of Legal Affairs (asklegal@gatech.edu) will assist in determining who is authorized to sign a specific Agreement.

Enforcement: 

Violation of this policy may result in disciplinary action up to an including termination of employment. Under Georgia state law, individuals who sign without authority may incur personal liability for any contracts they sign.

Policy History: 
Revision Date Author Description
 07-18-2011 Legal Affairs & Risk Management New Institute Policy
 09-25-2012 Legal Affairs & Risk Management Policy statement edited to limit scope to Presidential signature authority
 11-23-2015 Legal Affairs & Risk Management Updated policy

 

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